The dispute between the parties is a simple debt for the payment of money, but is complicated by the involvement of diamonds to part settle the amount due. Before delving into the factual matrix of the case, I wish to start by housekeeping issues. On 17 January 2020, the applicant herein filed a court application under HC 403/20 seeking a declaratory relief that applicant fully paid, extinguished, amortized and discharged the first respondent’s judgment debt, execution costs and legal costs secured under a writ of execution dated 4 October 2017. More
The applicant in three separate applications petitioned this court for an order against the respondents in the following terms.
WHEREUPON, after reading the documents filed of record More
On the 21st of September 2022, I granted an extempore judgment dismissing applicant’s claim on the basis of one of the points limine that had been raised. On the 14th of December ,2022 whilst on official vacation, the applicant’s legal practitioner wrote to the Registrar of this court requesting for the written judgment. This is the judgment.
The common cause facts are that, Applicant is a registered Residence Association that represents owners of a block of flats called Zimbabwe Court, situate at stand 408 Avondale West of subdivision A of lot 22 of Block d of Avondale, Salisbury also known... More
Zimbabwe Cover Legal Aid Trust, a body corporate duly registered as such in terms of the laws of Zimbabwe issued summons against the defendant (excipient) one Claudious Taunzwasure Chirochangu claiming a payment of the sum of US$ 41 580.00, payment of interest on the capital sum at the rate of 20% per month calculated from the 24th November 2014 to date of full payment. In the alternative, and in the event of the defendant failing to pay the capital sum and interest within time to be fixed by this Honourable Court, an order declaring the sale of the property being... More
On 11 October 2012 the first respondent obtained a court order in HC 5475/09 against the applicant to the following effect.
“It is ordered that:
1. The award in the arbitration matter of Mr. Muzamhindo and Zimbabwe Cricket Union held before the Honourable J.T. Mawire dated 17 July 2009 be and is hereby registered as an order of the High Court of Zimbabwe in the following terms:-
1.1 Respondent shall pay to the applicant the sum of US$103 208.38 as arrear commission.
1.2 Respondent shall bear costs of this application.” More
